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婚前买房和婚后买房有什么区别What is the difference between buying a house before marriage and after marriage

买房的先后在法律上和婚姻最大的联系就是夫妻共同财产的认定,根据婚姻法17、18条规定,婚前取得财产为个人财产,婚后取得为夫妻共同财产,而夫妻共同财产要是万一离婚的话是要分对方一半的,即使当初对方没在房子上花一分钱。

因而,婚前买房,房子写了谁的名字,就属于谁。结婚前男方买房,应属于男方的婚前财产,因此假如离婚,房子应归属男方,除非把房子做夫妻共同财产的公证;结婚后买房,如果还是男方出钱的话,在办房产证的时候,根据新规定,若夫妻双方都在场,且女方要在场签字,那么应是夫妻双方共用财产。

婚前买房,两人都是未婚成年人,在有限购的城市,各自按一个独立家庭计算,各自都可以买一套房。

而婚后买房,两人只能作为一个家庭计算,在有限购的城市,只能买一套房,在没有限购的城市,买第二套房的过户税费和首付比例等,都比第一套房要多。


The biggest connection between the order of buying a house and marriage in law is the recognition of the common property of the couple. According to Article 17 and 18 of the Marriage Law, property acquired before marriage is personal property, and property acquired after marriage is common property of the couple. If the couple's common property were to divorce, they would have to share half of it with each other, even if the other party had not spent a penny on the house in the first place.


Therefore, when buying a house before marriage, whoever writes their name on the house belongs to them. Before marriage, if the man buys a house, it should belong to the man's premarital property. Therefore, in the event of divorce, the house should belong to the man, unless the house is notarized as a joint property of the husband and wife; After getting married and buying a house, if the man still pays, according to the new regulations, when applying for the property certificate, if both the husband and wife are present and the woman is required to sign in person, then the property should be shared by both husband and wife.


Buying a house before marriage, both of them are unmarried adults. In cities with limited purchasing rights, they can each buy a house as an independent family.


When buying a house after marriage, the two can only be counted as one family. In cities with limited purchases, only one house can be purchased. In cities without purchase restrictions, the transfer tax and down payment ratio for buying a second house are higher than those for the first house.